The House Appropriations Committee was marking up the FY 2019 Financial Services appropriations bill early Wednesday evening. It includes funding for the FCC and FTC. The House Appropriations Financial Services Subcommittee-cleared version of the budget bill allocated a combined $335 million to the FCC and its Office of Inspector General and $311 million to the FTC. The bill also includes the text of the Amateur Radio Parity Act (HR-555/S-1534), which would direct the FCC to extend its rule on reasonable accommodation of amateur service communications to include private land use restrictions (see 1707130039 and 1805240040).

Whether DOJ will appeal a U.S. District Court rejection of its attempt to block AT&T's $108.7 billion buy of Time Warner isn't clear, with antitrust and law experts split. "DOJ would be crazy to appeal Judge [Richard] Leon's decision," emailed Nebraska College of Law assistant professor Gus Hurwitz. But, Larry Downes, Georgetown University Center for Business and Public Policy project director, said Justice is more likely than not to pursue an appeal, even one it thinks it can't win, because that gives Justice leverage it trying to force the companies to agree to conditions that would mitigate anti-competitive worries.

Whether DOJ will appeal a U.S. District Court rejection of its attempt to block AT&T's $108.7 billion buy of Time Warner isn't clear, with antitrust and law experts split. "DOJ would be crazy to appeal Judge [Richard] Leon's decision," emailed Nebraska College of Law assistant professor Gus Hurwitz. But, Larry Downes, Georgetown University Center for Business and Public Policy project director, said Justice is more likely than not to pursue an appeal, even one it thinks it can't win, because that gives Justice leverage it trying to force the companies to agree to conditions that would mitigate anti-competitive worries.

Whether DOJ will appeal a U.S. District Court rejection of its attempt to block AT&T's $108.7 billion buy of Time Warner isn't clear, with antitrust and law experts split. "DOJ would be crazy to appeal Judge [Richard] Leon's decision," emailed Nebraska College of Law assistant professor Gus Hurwitz. But, Larry Downes, Georgetown University Center for Business and Public Policy project director, said Justice is more likely than not to pursue an appeal, even one it thinks it can't win, because that gives Justice leverage it trying to force the companies to agree to conditions that would mitigate anti-competitive worries.

FCC Chairman Ajit Pai said the commission is still determining “the best path forward” on revamping elements of the Lifeline USF program. His responded to letters from House Democrats that raised concerns that his preferred plan would mean major cuts to the program’s subsidization of phone and internet services to low-income people. The revamp NPRM adopted in November seeks comment on creating a self-enforcing budget cap, setting a maximum subscriber discount level and ending both federal designation of Lifeline broadband providers and pre-emption of states' role in designating some eligible telecom carriers (see 1711160021). House Commerce Committee ranking member Frank Pallone, D-N.J., and Rep. Bobby Rush, D-Ill., led one letter in January. Rep. Anna Eshoo, D-Calif., and 67 other House members sent a separate letter in March (see 1803210061). Senate Aging Committee Chairman Susan Collins, R-Maine, and ranking member Bob Casey, D-Pa., more recently also raised concerns (see 1805180043). “I am deeply committed to ensuring that the Commission fulfills its obligation to be a responsible steward of” USF, Pai said, posted Monday. “It is critical to strengthen the Lifeline program's efficacy and integrity by reducing the waste, fraud, and abuse that has run rampant in this program for the better part of a decade.” The national verifier of consumer eligibility for the program the FCC is implementing “will be one important tool in eliminating this waste, fraud, and abuse,” but “it simply isn't prudent to sit idly by when hundreds of millions of taxpayer dollars are at stake,” Pai said. “That's why the Commission last year sought comment on a wide variety of measures to improve the administration of the Lifeline program.” Pai disputed suggestions that an accompanying November order will cut off Lifeline support to tribal members. He said the changes were designed to "incentivize providers" to deploy broadband networks on tribal lands. "All eligible Americans who apply will continue to receive support, but that enhanced support will now be tailored to better target those in need," he responded to Rep. Raul Ruiz, D-Calif., and 31 colleagues. "Similarly false are suggestions that the Commission did not consult with Tribes before adopting the 2017 Lifeline Reform Order," he added, citing comments from, and consultations with, various tribal parties: "As Chairman, I have participated in three official Tribal consultations, made numerous visits to Tribal communities, and met with Tribal representatives, including the Navajo Nation."

FCC Chairman Ajit Pai said the commission is still determining “the best path forward” on revamping elements of the Lifeline USF program. His responded to letters from House Democrats that raised concerns that his preferred plan would mean major cuts to the program’s subsidization of phone and internet services to low-income people. The revamp NPRM adopted in November seeks comment on creating a self-enforcing budget cap, setting a maximum subscriber discount level and ending both federal designation of Lifeline broadband providers and pre-emption of states' role in designating some eligible telecom carriers (see 1711160021). House Commerce Committee ranking member Frank Pallone, D-N.J., and Rep. Bobby Rush, D-Ill., led one letter in January. Rep. Anna Eshoo, D-Calif., and 67 other House members sent a separate letter in March (see 1803210061). Senate Aging Committee Chairman Susan Collins, R-Maine, and ranking member Bob Casey, D-Pa., more recently also raised concerns (see 1805180043). “I am deeply committed to ensuring that the Commission fulfills its obligation to be a responsible steward of” USF, Pai said, posted Monday. “It is critical to strengthen the Lifeline program's efficacy and integrity by reducing the waste, fraud, and abuse that has run rampant in this program for the better part of a decade.” The national verifier of consumer eligibility for the program the FCC is implementing “will be one important tool in eliminating this waste, fraud, and abuse,” but “it simply isn't prudent to sit idly by when hundreds of millions of taxpayer dollars are at stake,” Pai said. “That's why the Commission last year sought comment on a wide variety of measures to improve the administration of the Lifeline program.” Pai disputed suggestions that an accompanying November order will cut off Lifeline support to tribal members. He said the changes were designed to "incentivize providers" to deploy broadband networks on tribal lands. "All eligible Americans who apply will continue to receive support, but that enhanced support will now be tailored to better target those in need," he responded to Rep. Raul Ruiz, D-Calif., and 31 colleagues. "Similarly false are suggestions that the Commission did not consult with Tribes before adopting the 2017 Lifeline Reform Order," he added, citing comments from, and consultations with, various tribal parties: "As Chairman, I have participated in three official Tribal consultations, made numerous visits to Tribal communities, and met with Tribal representatives, including the Navajo Nation."

The Land Mobile Communications Council wants FCC Commissioner Mike O’Rielly to “help eliminate the sale of non-compliant radio devices” on eBay and Amazon, it said in a letter Friday. O’Rielly is pursuing a similar effort on unauthorized set-top boxes (see 1805250040), LMCC said. LMCC anticipates that the Enforcement Bureau will issue alerts proposed by LMCC about the sale of noncompliant devices, and wants O’Rielly to let Amazon and eBay know about the risks of non-compliant devices in the interim, said the letter.

The Land Mobile Communications Council wants FCC Commissioner Mike O’Rielly to “help eliminate the sale of non-compliant radio devices” on eBay and Amazon, it said in a letter Friday. O’Rielly is pursuing a similar effort on unauthorized set-top boxes (see 1805250040), LMCC said. LMCC anticipates that the Enforcement Bureau will issue alerts proposed by LMCC about the sale of noncompliant devices, and wants O’Rielly to let Amazon and eBay know about the risks of non-compliant devices in the interim, said the letter.

The Land Mobile Communications Council wants FCC Commissioner Mike O’Rielly to “help eliminate the sale of non-compliant radio devices” on eBay and Amazon, it said in a letter Friday. O’Rielly is pursuing a similar effort on unauthorized set-top boxes (see 1805250040), LMCC said. LMCC anticipates that the Enforcement Bureau will issue alerts proposed by LMCC about the sale of noncompliant devices, and wants O’Rielly to let Amazon and eBay know about the risks of non-compliant devices in the interim, said the letter.

AT&T and Crown Castle urged the FCC to assert itself over localities to ease deployment of 5G small cells, in Friday letters. Meanwhile in Pennsylvania, localities voiced disappointment after Crown Castle won in court against the Pennsylvania Public Utility Commission in a case about state authority over distributed antenna systems (DAS). The court reversed the PUC's 3-2 ruling that DAS operators aren't utilities requiring state certification (see 1703020066).